By-law No. 47-2021 Waste Management (Managing the Disposal of Solid Wastes and Recyclable Materials) — full text, Whitestone, Ontario

This is the exact embedded text of the captured official document. Snapshot b6d1f2b801f0 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE MUNICIPALITY OF WHITESTONE BY-LAW NO. 47-2021 Being a By-law for managing the disposal of solid wastes and recyclable materials within the Municipality of Whitestone and to repeal By-law No. 19-2010 WHEREAS Section 8.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended hereinafter referred to as the “Municipal Act’ provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues; AND WHEREAS Section 11 (3) 3 of the Municipal Act allows Council to pass a By-law regarding waste management; AND WHEREAS Council deems it in the public interest to establish facilities for the transfer and disposal of waste and recyclable materials within the municipality; WHEREAS pursuant to Sections 11, 127, and 128 of the Municipal Act, a municipality may pass by-laws respecting the health, safety and well-being of persons, and the protection of persons and property; prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; and prohibit and regulate with respect to matters considered to be a public nuisance, including matters that, in the opinion of Council, are or could become or cause public nuisances; AND WHEREAS Section 425 of the Municipal Act, permits a municipality to pass By-laws providing that any person who contravenes any By-law of the municipality passed under the Municipal Act is guilty of an offence; AND WHEREAS Section 436 of the Municipal Act, permits a municipality to pass By-laws providing that the municipality may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not a By-law passed under the Municipal Act or a direction or order made under such a by-law are being complied with; AND WHEREAS Section 391 of the Municipal Act, authorizes a municipality to impose fees and charges on persons for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of the municipality, and for use of its property including property under its control: AND WHEREAS Ontario Regulation 207/96 (Outdoor Fires) Section 4 (2) permits the burning of brush under controlled conditions where the property is owned by the Municipality of Whitestone; AND WHEREAS the Council of the Corporation of the Municipality of Whitestone deems it expedient to establish and regulate the operation of its landfill sites and transfer disposal facilities: NOW THEREFORE the Council of the Municipality of Whitestone hereby enacts as follows: By-law 47-2021 Page 1 of 12 Waste Management By-law 1. SHORT TITLE 1.1. The Short Title of this By-law is the “Waste Management By-law’. 2. SCOPE OF THE BY-LAW 2.1 This By-law applies throughout the whole of the Municipality. 3. DEFINITIONS 3.1 In this By-law: “Ashes” mean the residue, including soot, of any fuel or waste after it has been consumed by fire; “Bag Tag” means a tag issued by the Municipality for the purpose of being affixed to a clear plastic bag or used to pay for the disposal of a bulky item, construction or demolition waste or yard waste; “Brush” means any and all heavy or bulky household items such as furniture, appliances, televisions, bathtubs, water tanks, mattresses, carpet and bicycles; “Bulky Item” means any and all heavy or bulky household items such as furniture, appliances, televisions, bathtubs, water tanks, mattresses, carpet and bicycles; “CAO/Clerk” means the CAO/Clerk of the Municipality or their designate; “Clear Plastic Bag” means a transparent and see-through plastic bag; “Construction or demolition waste” means any discarded building material, resulting from the erection, demolition, repair, removal or improvement of any building, structure or property, including, but not limited to, concrete, stones, earth from excavations or grading, shingles, lumber, plaster, sawdust and shavings; “Costs” means all monetary expenses incurred by the Municipality during and throughout the process to clean up refuse, including interest and may include an administrative surcharge amount as established by the Municipality’s Fees and Charges By-law. Subject to section 398 (2) of the Municipal Act, amounts owing may be added to the tax roll; “Highway” includes a common and public highway, street, road, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; “Industrial/commercial/institutional waste” means waste material from any one or more industrial or manufacturing processes, any waste produced by or at any commercial property, or waste from any industrial or institutional property; “Landfill access pass” means a card issued by the Municipality; “Landfill Site and Transfer Disposal Facilities’ means an active provincially approved sanitary landfill site or transfer facility for waste and recyclable materials owned and / or operated by the Municipality; By-law 47-2021 Page 2 of 12 Waste Management By-law “Municipality” means the Corporation of the Municipality of Whitestone and its land within the geographic limits of the Municipality as the context requires; “Non-acceptable waste” means any waste generated outside the Municipality’s boundaries, any gaseous, liquid or solid waste that, because of its inherent nature and quality, requires special disposal techniques to avoid creating health hazards, nuisances or environmental pollution including but not limited to items or materials listed in Schedule A of this By-law, and any other materials designated by the Municipality from time to time; “Officer” means a police officer or municipal law enforcement officer; “Organics” means any compostable materials including food stuffs, plants, and non- recyclable paper products; “Owner” means the registered owner of the property; “Person” includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in their capacity as a trustee, executor, administrator, or other legal representative; “Property” means a parcel of land which is capable of being legally conveyed; “Recyclable materials” means material of any kind which is included in the Municipality’s recycling program from time to time, including but not limited to, items or materials listed in Schedule B of this By-law; “Regulation 347” means Regulation 347, R.R.O. 1990 under the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended or replaced: “Refuse” means waste, non-acceptable waste, recyclables and any other discarded or abandoned commodities of any kind whatsoever; “Scavenging” means to sort through, pick over, interfere with, disturb, remove or scatter any refuse, recyclables or material at any landfill site and transfer disposal facility; “Sharp Objects’ includes broken glass, a razor or other blade, sewing needle, clinical glass, knife, scissors, straight razor, screw, nail, axe, hatchet, lawn mower blade and the like; “Untreated wood” means wood that is not painted, pressure-treated, soaked with creosote or any other toxic substance; “Waste” means any residential, industrial/commercial or institutional waste including bulky materials, organics, construction or demolition waste, sharp objects, untreated wood and yard waste but does not include non-acceptable waste or recyclable materials, “Yard Waste” means any excess organic material generated on a property including, but not limited to, tree trimmings, hedge trimmings, plants, weeds, spring rakings, sod, cones, fruits and vegetables from yard trees and gardens but does not include trees and/or branches over 8 inches (200 mm) in diameter; By-law 47-2021 Page 3 of 12 Waste Management By-law 4. GENERAL ADMINISTRATION 4.1 4.2 The CAO/Clerk is responsible for the administration of this By-law. All terms used in this By-law that have not been defined in this By-law shall be given the meanings provided for in the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended or replaced. 5. LANDFILL SITE AND TRANSFER DISPOSAL FACILITIES - SITE OPERATIONS 5.1 Council shall designate the hours of operation for the landfill site and transfer disposal facilities and may close it on statutory holidays and other holidays recognized by the Municipality now or in the future: 5.2 The Municipality shall post the following at the entrance to the landfill site and transfer disposal facilities: (a) the hours of operation; (b) notice regarding the use of CCTV cameras for the purpose of security and protection of the landfill site and transfer disposal facilities and enforcement of this By-law. 5.3. The Municipality shall post the hours of operation of the landfill site and transfer disposal facilities on its website. 5.4 A landfill site and transfer disposal facility site attendant shall only permit use of the landfill site and transfer disposal facility upon production of the following: (a) a landfill access pass: (b) waste or recyclable materials with a bag tag or a medical waste disposal bag tag; (c) clear plastic bags only for waste and recycling; (d) yard waste in a clear bag or paper yard waste bag; and (e) payment of any applicable fees in accordance with the Municipality’s Fees and Charges By-law. 5.5 Cash shall not be accepted for payment of a fee at a landfill site and transfer disposal facility. 5.6 Every person entering a landfill site and transfer disposal facility shall: (a) save and hold harmless the municipality, its contractors, agents and employees from any damage or claims whatsoever to themselves or their property or to any other person or property whatsoever whether arising from such person’s negligence or otherwise (for example by accident); (b) only deposit waste or recyclable materials that is permitted in accordance with the municipality’s certificate of approval issued by the applicable provincial ministry for the landfill site and transfer disposal facility; (c) ensure all loads entering a landfill site and transfer disposal facility are covered and secured tightly; By-law 47-2021 Page 4 of 12 Waste Management By-law 5.7 5.8 5.9 5.10 5.11 5.12 (d) no person shall smoke or vape any substances on any municipal landfill site and transfer station; (e) ensure no person under the age of twelve (12) years of age exits from the vehicle at any time; (f) | ensure no animal exits from a vehicle at any time; (g) separate and place all waste and recyclable materials in the appropriate area or dedicated bin as directed by the landfill site and transfer disposal facility site attendant; (h) place untreated wood in the designated brush pile and treated wood as designated by the Municipality of Whitestone Employee; (i) | place sharp metal objects in the metal waste bin. A commercial waste hauler must possess a valid Certificate of Approval issued by the applicable provincial Ministry to haul waste from the landfill site and transfer disposal facility. A landfill site and transfer disposal facility site attendant may: (a) inspect a load, refuse a load or redirect a load; (b) conduct random spot test to determine the acceptability of waste and recyclable materials; (c) require any person depositing or placing waste and recyclable materials to demonstrate conformity to this By-law to their satisfaction. Any testing required and costs associated with confirming compliance with this By-law shall be the responsibility of the person seeking to deposit or place the waste and recyclable materials. If any load of waste or recyclable materials deposited or placed at a landfill site and transfer disposal facility is found to contain non-acceptable waste or non-acceptable recyclable materials, the carrier shall be required to remove the non-acceptable waste or non-acceptable recyclable materials at their expense. All waste and recyclable materials deposited or placed in accordance with the provisions of this By-law at a landfill site and transfer disposal facility shall become the property of the Municipality and may be salvaged, reclaimed, recycled, disposed of, or otherwise dealt with by the Municipality as it deems appropriate. The Municipality may refuse access to a landfill site and transfer disposal facility on a temporary or permanent basis where the CAO/Clerk is of the opinion that the person: (a) is in default of making payment to the Municipality pursuant to this By- law or the Municipality’s Fees and Charges By-law; (b) is or has transported non-acceptable material for deposit or placement at the landfill site and transfer disposal facility; (c) has not used a clear plastic bag for the waste or recyclable materials; (d) is orhas conducted themselves in a manner that may impede the safe and orderly operation of the landfill site and transfer disposal facility. By-law 47-2021 Page 5 of 12 Waste Management By-law 6. LANDFILL ACCESS PASS AND COUPONS 6.1 6.2 6.3 6.4 The municipality shall issue to each property owner of the municipality a: (a) landfill access pass; (b) yard waste coupon on an annual basis. A landfill access pass may be used to deposit or place waste and recyclable materials in accordance with the provisions of this By-law and payment of the applicable fee as set out in the Municipality’s Fees and Charges By-law as amended from time to time. A yard waste coupon entitles a property owner of the Municipality to place and deposit one free load of yard waste at the Auld’s Road landfill site and transfer disposal facility in a calendar year. A landfill access pass and a yard waste coupon are non-transferable. 7. BAGS/ BAG TAGS / MEDICAL WASTE DISPOSAL BAG TAGS Fol 7.2 7.3 7.4 1.5 7.6 7.7 The Municipality shall make available for purchase bag tags. A bag tag may be purchased at the Municipal Office or any other location as determined by the Municipality for a fee as set out in the Municipality’s Fees and Charges By-law. Where a person does not have a landfill access pass, a bag tag is required to place and dispose of waste or recyclable materials. Any person who rents or otherwise occupies a property in the Municipality including a camper may purchase a bag tag to place and dispose of waste or recyclable materials at a landfill site and transfer disposal facility. Every person shall use a clear plastic bag for waste and recyclable materials. Every person shall use a paper yard waste bag or a clear plastic bag for yard waste. Notwithstanding Section 7.5, a person may use one small bag that is not a clear plastic bag such as a kitchen catcher bag for waste to place inside a clear plastic bag to protect their privacy. 8. RECYCLABLE MATERIALS 8.1 Every person shall separate recyclable materials from waste as outlined on Schedule B to this By-law. 9. GENERAL PROHIBITIONS 9.1 No person shall trespass on a landfill site and transfer disposal facility. By-law 47-2021 Page 6 of 12 Waste Management By-law 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 No person shall place or deposit waste or recyclable materials at a landfill site and transfer disposal facility other than in accordance with the provisions of this By-law. No person shall place or deposit waste or recyclable materials at, near, outside of or in the vicinity of the gates or fence of a landfill site and transfer disposal facility. No person shall place or deposit non-acceptable waste at a landfill site and transfer disposal facility. No person shall place or deposit waste and recyclable materials at any landfill site and transfer disposal facility upon being refused access by the municipality. No person other than Municipality of Whitestone employees (and only when approved by the Manager of Public Works) shall scavenge, interfere with, remove, exchange or scatter waste or recyclables at any landfill site and transfer disposal facility. No person shall refuse to provide proof of origin of waste or recyclable materials tendered for disposal at a landfill site and transfer disposal facility. No person shall disobey the direction of a landfill site and transfer disposal facility site attendant. No person shall throw, place, deposit or dump or cause or permit to be thrown, placed, deposited or dumped refuse on property without the approval of the owner of the property. No person shall throw, place, deposit or dump or cause or permit to be thrown, placed, deposited or dumped refuse on any highway. Any person who throws, places, deposits or dumps or permits to be thrown, placed, deposited or dumped refuse on property is responsible for the removal of the refuse and all costs related to the removal of the refuse. 10. ENFORCEMENT AND PENALTY PROVISIONS 10.1 10.2 The enforcement of this By-law shall be conducted by an Officer. For the purposes of an inspection under this By-law, an Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. By-law 47-2021 Page 7 of 12 Waste Management By-law 11. 12. 10.3 10.4 10.5 10.6 10.7 10.8 10.9 Every person who contravenes any provision of this By-law and every director or officer of a corporation, who knowingly concurs in the contravention by a corporation is guilty of an offence and upon conviction is liable to: (a) ona first offence, to a fine not more than $50,000.00; and (bo) onasecond offence and each subsequent offence, to a fine of not more than $100,000.00 Every person who is issued a Part 1 offence notice or summons and is convicted is guilty of an offence under this By-law shall be subject to a fine, to a maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. Every person who is alleged to have contravened any of the provisions of this By-law, shall identify themselves to an Officer upon request, failure to do so shall be deemed to have hindered or obstructed an Officer in the execution of their duties. Upon conviction any penalty imposed under this By-law may be collected under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. If a person is convicted of an offence under this By-law, the court in which the conviction has been entered and any court of competent jurisdiction may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. In a proceeding where it is alleged a violation pursuant to this by-law has occurred evidence of any personal markings, writings, or inscriptions found in any refuse deposited in contravention of this by-law that identifies the name and address of any person shall be prima facie evidence that the refuse was deposited unlawfully by such person. COSTS 11.1 11.2 The Municipality may recover its costs of remedying a violation of this By-law by invoicing the person owing the costs or by initiating court proceedings and the exercise of any one remedy shall not preclude the exercise of any other available remedy. All costs owed to the Municipality are due and payable within thirty (30) days of the billing date set out on the invoice and, in the event of failure to pay the entire amount due within the said thirty (30) days, interest may be applied at the rate of 1.25% per month (15% annually). SEVERABILITY 12.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the intention of Council of the Municipality that the remainder of this By-law shall continue in force unless the court makes an order to the contrary. By-law 47-2021 Page 8 of 12 Waste Management By-law 13. INTERPRETATION 13.1 References in this By-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted. 13.2 In this By-law, unless the context otherwise requires words importing the singular shall include the plural and use of the masculine shall include the feminine, where applicable. 13.3 The Schedules appended to this By-law are incorporated into and form part of this By-law. 14. REPEAL 14.1 By-law No. 19-2010 is hereby repealed. Read a First and Second time this 13th day of December, 2021. Mayor George Comrie CAO-Clerk Michelle Hendry Read a Third time and Passed, Signed and Sealed this 13th day of December, 2021 Yoon Mayor George Comrie WLP © CAO-Clerk Michelle Hendry By-law 47-2021 Page 9 of 12 Waste Management By-law Schedule A (By-law 47-2021 —- Waste Management) Non-acceptable waste: a) Hazardous waste as defined by Regulation 347; b) Hazardous waste materials which are corrosive, toxic, reactive or flammable such as car batteries, drain and oven cleaners, paints, solvents, oils, varnishes, stains, gasoline, kerosine, BBQ starters, lighter fluid, pesticides, rat poison, pool chemicals, ammonia and cleaning fluids; c) Biomedical or pathological waste, whether solid or liquid, as designated and regulated by Regulation 347, including syringes and pen needles; d) Non-anatomical waste infected with a communicable disease; e) PCB waste; f) Radioactive waste; g) Fiberglass or wooden boats and non-metal vehicle parts thereof; h) Live animals or birds, and carcasses or parts thereof of any animal or other creature, save for normal kitchen organic waste, which has been drained of all liquids; i) Manure, septic or holding tank pumpings, or raw sewage; j) Materials of any kind or nature that contain hot live coals or hot ashes; k) Explosive, highly combustible, or ignitable waste; I) Any gaseous, semi-liquid, or liquid waste; m) Adesignated substance as prescribed by the Occupational Health and Safety Act, R.S.O. 1990, C. 0.1, as amended; n) Sealed metal drums or barrels; 0) Aerosol cans; p) Materials or items as designated in the relevant Certificate of Approval issued to the Municipality for the landfill site and disposal facility; q) Any other material or item as designated by the Municipality from time to time. By-law 47-2021 Page 10 of 12 Waste Management By-law Schedule B (By-law 47-2021 — Waste Management) Recyclable Materials Recyclable materials are to be separated as follows: 1. FIBRES Newsprint Magazines Fine Paper Wrapping materials and paper rolls Books (hard cover removed) Telephone directories Fibre Egg Cartons Brown Paper and Bags Boxboard and paperboard Polycoat paperboard containers, being containers made primarily of paperboard and coated with low density polyethylene or aluminum, and used for food or beverages e Cardboard (corrugated) 2. CONTAINERS — EMPTIED AND RINSED ° Glass bottles and jars for food or beverages (including broken glass) e Aluminum food or beverage cans (including cans made primarily of aluminum) ° Polyethylene terephthalate bottles for food or beverages (including bottles made primarily of polyethylene terephthalate) also known as Tetra Pak’s e Steel food or beverage cans (including cans made primarily of steel) ° Aluminum foil (including items made from aluminum foil) ° Rigid plastic containers being: i) High density polyethylene bottles (recycling numbers 1 through 7) used for food, beverages, toiletries or household cleaners (including bottles made primarily or high-density polyethylene), and ii) Polystyrene containers used for food or beverages (including containers made primarily of polystyrene). By-law 47-2021 Page 11 of 12 Waste Management By-law Schedule B continued (By-law 47-2021 — Waste Management) Recyclable Materials 3. METAL e Metal debris whether whole or in parts Lawn mowers and equipment (including sharp metal blades, knives or other Sharp Objects that are metal only) Metal siding or roofing Car parts, tractors, riding mowers, or vehicles with all fluids drained Boats with oil reserves and fuel tank removed Large appliances (refrigerator, freezer, or cooler (a fee is charged for removal of refrigerant), stove, dishwasher, washer, and dryer) Aluminum siding e Bed springs and metal beds 4. ELECTRONIC DEVICES Televisions, monitors, computers, printers Fans Small Appliances (non-metal) By-law 47-2021 Page 12 of 12 Waste Management By-law